DO NOT SIGN!!! Photographers! Time to stand up for your rights!

[wreckless]

i hope that publishing company would come to their senses.
DON'T SIGN.

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[louiea]

Dear Photographers who work with Summit,
 
First, we apologize for any offense caused the contract may have caused.
Our intention was the opposite. As the leader in the magazine industry, we
wanted to professionalize the relationship between photographers and Summit
by creating a written contract between us. The contract would cover
everything from copyright, re-use fees, and other concerns which you
yourselves have brought up in the past.

Second, we want to clarify certain points for those who have not read the
contract in full:

1.  We DO NOT intend to put up an agency and resell your photos.

2.  We WILL NOT resell your photos to advertisers WITHOUT your permission or
compensation. Other publishing companies may have done this in the past, but
Summit Media has NOT and WILL NOT. When we use your photo for an advertorial
in the magazine, we will ask permission first and we will compensate you. We
hope you do not lump us together with publishing houses who have violated
you in this way.

3.  We indicated re-use fees in case these were used in advertorials in the
magazine. These re-use fees range from P1,500 to P5,000 per photo depending
on size. These advertorials will only appear in our magazines and will not
be used in campaigns not related to the magazines.
 
Third, in the revised contract, we will no longer include ownership of
copyright. The only reason we included this is that we also wanted to
protect our rights as a magazine company. For example, that the photos we
paid for do not appear in our competitors' magazines or websites. After all,
the photograph is a collaborative process. While the photographer does shoot
the photo, the magazine also invests its resources and manpower to bring
together a stylist, model, location, clothes, etc., so that the entire
creative process is achieved. We do not want to see another company
benefiting from these collaborative efforts, which include the efforts of
our own editors and art directors. Also, sometimes, photos are placed on
non-company websites before they are even published in the magazine. We
wanted to avoid this from happening as this can hurt magazine sales.

Last, you are not only our colleagues but our FRIENDS. We work with you on a
regular basis and enjoy this collaborative process. In fact, both parties
have, together, revived an otherwise moribund industry and we all have a
stake in moving it forward. Rest assured that we will work on this contract,
and consider your concerns. But we also hope that you keep our concerns in
mind. We look forward to working with you toward a MUTUALLY BENEFICIAL
RESOLUTION.
 
Thanks,
PUBLISHER
Lisa Gokongwei Cheng
 
EDITORS
Myrza Sison
Jo-Ann Maglipon
Mia Fausto
Pauline Suaco­Juan
Allan Madrilejos
Rachelle Medina
Jing Lejano
Wie Aquino­Ochoa
Ianne Sison­Evangelista
Agu Paiso
Cesar Evangeslista
Vince Sales
Frances Amper
Maggie Adan
Mimi Tiu
Shiloah Matic
Jenina Alli
Vernon Sarne
Ines Bautista­Yao
Cherry Pacheco­Uy
Stephanie Dychiu
Inna Abinuman

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[louiea]

The dialogue that has begun is going very well. I have been in communication with them throughout the day.
I do believe in the sincerity of Summit to work hand in hand with the photographers. Its time for us to take this opportunity to clarify a lot of issues  that have been a point of confusion and uncertainty among photographers and magazines. This applies not only with Summit but with most other publications. We hope that, through our meeting with fellow editorial photographers on Monday, we would be able to clarify among ourselves our concerns and bring these to the table of dialogue with the publishers and editors. Likewise, we hope to clarify among ourselves their concerns which are, in my opinion, legitimate.

I know the issue has been very heated, but to be fair, we also do appreciate that Summit has through the years contributed to the building of the careers of many photographers. Thus I hope we can look forward to a more fruitful partnership after this.

Still, let's not be complacent about this but let us be united in undertaking this dialogue.

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[tekgik]

Thats nice to hear Louie, i hope it settles well for a win win solution for all. I admire the fast action of Summit regarding the issue.

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[jackl]

This move just highlights the ability of a group to change things as long as it bands together under one voice.

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[ryan99d]

Now, there. As I thought, there was a huge (and rational) reason why Summit Media wrote the contract that way. I would never have believed they were that "garapal".

Some points I learned from this:
1. Not to "over-react" easily. Ask first before "firing off". Or I may sound *toink* in the end. (I did over-react, I almost tore one of the FHMs in the office..hehe)
2. "The Photograph is a COLLABORATIVE effort. True. The photographer is only a part of the whole team that created the image -- from concept to planning to design to execution to packaging to archiving. Unless of course it is a one-person act (like Roberto Rodriguez, the director, actor, scorer, photographer, etc.)
3. Dialogues are good but photographers need cash. Hey, don't you think P5,000 is too small for re-use? (just a thought, hehe)
4. Etc.

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[Jon_A]

Though many of us in PiPho are not professional photographers, we are fully behind you.

Just let us know what we can do to support your efforts...

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[orio_21]

magiging maganda rin kalalabasan nyan sir louiea.... keep us posted...

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[joh_luc]

I'm not a professional photographer, but i totally agree that the publishing company is so unfair with their demands. I hope something good will come out of this for both parties since this is a sensitive issue that certainly needs to be taken up.

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[qop]

mga sir, pano po kung yung post picture mo dito sa internet bigla mo nakita sa isang magazine or what so ever, pwede po ba mag demand ka? pano po ba i copyright ang mga photos na nilalagay natin dito sa internet? 

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[harvey]

Just curious. Has this been resolved to the satisfaction of both parties?

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[dodie1561]

I am all for this move. go go go!!!!

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[rhyan18]

I agree with this.

Sabi ko na Summit yun eh.

Just a question, I have a former officemate who now shoots for FHM. She has been shooting for the magazine for 2 consecutive issues now and her name appears in the magazine as the one who took the photo. In the new contract, would they post your name as the one who took the photo for them?

Just asking

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[primecheng]

Now, there. As I thought, there was a huge (and rational) reason why Summit Media wrote the contract that way. I would never have believed they were that "garapal".

Some points I learned from this:
1. Not to "over-react" easily. Ask first before "firing off". Or I may sound *toink* in the end. (I did over-react, I almost tore one of the FHMs in the office..hehe)
2. "The Photograph is a COLLABORATIVE effort. True. The photographer is only a part of the whole team that created the image -- from concept to planning to design to execution to packaging to archiving. Unless of course it is a one-person act (like Roberto Rodriguez, the director, actor, scorer, photographer, etc.)
3. Dialogues are good but photographers need cash. Hey, don't you think P5,000 is too small for re-use? (just a thought, hehe)
4. Etc.

I agree with you about not over-reacting. Rhyan18, your former officemate will still get credited. This whole thing has been blown out of proportion. The pros who have dealt with Summit know that these people are sensible and down-to-earth and have in fact nurtured a lot of the present generation of photographers.

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[ShiirManz]

thanx for you all..
this will be a great help to all of us..
Anyway, di ko rin ito alam dati pa hehehe!

Thank you very much!

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[harvey]

Any updates? What became the final contract terms between photographers and Summit?

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[oldblue]

hmm...  that's so garapal indeed.  but I think there can be a run-around for this.  Summit may not deal directly with all of you photogs.   magkakaron ng third-party satellite companies, who in turn will provide the same contract with their hired photographers.  but in small groups na. say a third-party company in cavite, manila, pampanga.

kumbaga parang buffer, middle man yun company.  and this satellite company will sell all the rights to the bigger media mogul company like Summit. 

 they will just employ the same setup as with us computer programmers.  kasi noon pa man, ganyan na plight namin eh.  we are contracted, subcontracted, hired to do a program, tapos yun intellectual rights  namin napupunta din sa main corp.

 so what's the difference between us and you?   aside from you being artists, and us being technicals.   bali-baligtadin pa din,  we are just dealing with intellectual property -    something that can be paid of with a price.

 these large corporations will get around pa din ...

 anyway just my 2 cents.




 

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[harvey]

The last I heard, Summit was negotiating with photographers. So, that is a good development. Summit made the first move, photographers reacted, Summit backed down and said they want to negotiate the contract terms with the photographers. So far, so good. What I am curious about is, where are photographers now? Did they succeed in protecting and promoting their rights or did they surrender their rights to Summit?

There is really no need to attack Summit. What we need to attack are onerous contract terms, and what we should defend are photographers' rights. This is business, and negotiations happen all the time. Photographers must go to the negotiation table fully armed and trained in negotiation skills.

Hopefully, the final result will show Summit respecting photographers' rights, and photographers' respecting publishers' rights (like not submitting same photos to a competitive magazine).

Business should be based on mutual respect.

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[oldblue]

The publishing company can commission us under the guise of editorial photography but may intend to use it for any commercial venture anywhere in the world. For all you know they are paying you P2000 for a shoot of 5 layouts and then they are selling to someone else for P50,000.

   I dont see anything wrong with this naman. AFAIK, this is how capitalism works d'ba?   would you believe me if I told that way way back, we were tasked to create a system from scratch.  we finished it after a year's time, and got compensated. then the company that we were working sold our system for millions of dollars to different clients abroad.  ni 1% siguro nun kinita nila, malaki pa din sa binayad sa'min.

  there is a positive side naman about this setup coz you will definitely get referred by the company, kasi may trust na sila sa'yo or maging dependent in a way sila sa talents mo.   ibig sabihin continuous na trabaho kasi  habang kumikita sila, kikita ka din ...

  correct me if I'm wrong,  pero di'ba mas maganda yun?   



   
 

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[oldblue]

Is this in anyway acceptable?
The answer is obviously a big resounding NO!
To agree to such a thing is allowing ourselves to be slapped in the face.
It is an insult!
It is an utter disrespect for photographers.
It is bad enough that the fees for editorial photographers are pathetically low, now they want to rob us of everything we have. For a photographer… your images are part of your soul. They are trying to buy our soul for loose change.
Is that all we are worth?

Many professional editorial photographers are outraged at this and our initial stand is DON’T SIGN.

  this is deep but  medyo dramatic naman ata hehehe.  like any other profession, lahat naman  may masterpiece or may output.  like singer is to songs, director/screewriter is to movies.   d'ba yun naman mga movies or music owned by corporations din naman.

 i dont see any reason why photographers need to be treated differently, bec. it hurts the soul or somethin ...  the way I see it,  and this will be the direction of digital photography ...  habang padami ng padami ang dslr's to the point na sobrang affordable na for the  new/younger generation,   mayroon grupo na makiki-cooperate sa corporations at mayroon grupo na mag-stick sa old ways.   after all, from the word itself digital meaning technology  ... it's for everyone.  if the designers of Canon's digic processor claimed their work like photographers do,  then walang Canon digic processor hehehe.

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